In this article, jagriti bharti of amity law school lucknow discusses a. It replaced motor vehicles act, 1939 which earlier replaced the first such enactment motor vehicles act, 1914. Motor insurance diploma in insurance services motor vehicles act, 1988 it is necessary to have knowledge of motor vehicles act passed in 1939 and amended in 1988. Recently, the law relating to motor vehicles has been amended through the motor. There are still certain restrictions for claims under motor vehicle act, 1988 as per section 163b, when a person is entitled to claim for compensation for his loss due to an accident under both section 140 and article 163a, then he must lodge the claim under any of these two section and should not claim under both the sections. Buy the motor vehicles act, 1988 bare act 2019 edition book. This section imposes the law regarding the maximum speed at which a motor vehicle can be driven. Over the years, many more amendments followed and in 1988, a new motor vehicles act replaced the old one.
If any of the rules are violated there are serious punishments. Description of offence sectionrule maximum of punishment term of imprisonmentfine 1. Fake product received, nonstandardised, local publisher, sections missing. Be it enacted by parliament in the seventieth year of the republic of india as follows. Motor vehicles act section 3 page 6 judgments legalcrystal. The motor vehicles act was passed in the year 1988 by parliament of india and regulates almost all the aspects of road transport vehicles. It was in the year 1846 that fatal accidents was introduced in england for the first time. Once the registration book is issued, the registration number is. Traffic offences and penalties in india indian driving. Whereas it is expedient to consolidate and amend the law relating to motor vehicles 2. Indias law governing motor vehicles and transport is archaic, lacking the provisions necessary to manage fast motorisation. The act was amended again by the indian motor vehicles amendment act, 1924 act no.
Be it enacted by parliament in the thirtyninth year of the republic of india as follows. The motor vehicles act, 1988 59 of 1988 chandigarh. According to section 24 of mv act 1988 corresponding to section 22 of the. This act ensures everyone gets treated in a fair manner and to avoid disaster accidents. Second schedule bus carrying school children met with accident and fell into river from bridge death of 29 children most of them were in the age group of 10 to 18 years claim for compensation by parents of deceased children courts below awarded pecuniary compensation, on basis of second schedule and relevant multiplier. The motor vehicles act, 1988 59 of 1988 is a central legislation through which the road transport is regulated in the country. The indian road rules, titled rules of the road regulation, were brought into effect since july, 1989. Traffic offences and penalties in india indian driving schools. The erstwhile motor vehicles act, 1939 was repealed by section 217 of the motor vehicles act, 1988. Second schedule bus carrying school children met with accident and fell into river from bridge death of 29 children most of them were in the age group of 10 to 18 years claim for compensation by parents of deceased children courts below awarded pecuniary compensation, on basis of second. Chapter 11 provides for insurance of motor vehicle against third party risk and chapter 12 provides for the constitution of claims tribunal and adjudication of claim and related matters. Second schedule clause 6 fatal motor accident of nonearning motherhousewife claim petition us. But right from 1956, motor accident compensation law has been in a state of flux.
These rules are germane to the indian drivers all inclusive of two, three and four wheelers, while on the road to ensure an orderly traffic and a safer journey. An act to consolidate and amend the law relating to motor vehicles. This book is a compendium of law relating to motor vehicle act, 1988. The bill, however, amends to cap a maximum thirdparty legal liability to rs. Under the motor vehicles act, 1988, there is no limit for a thirdparty car or twowheeler insurance. Guide to motor vehicles act 1988 as amended by motor vehicles. The above suggestions which were incorporated in the motor vehicles bill received the assent of the president on 14th october, 1988 and came on the statute book as motor vehicles act, 1988. This section enforces the law regarding the weight thats permitted to be carried by a vehicle. Since it is not possible to renew documents during lockdown, various documents related to mv act 1988 and cmv rules 1989 whose validity expires between february 1, 2020june 30, 2020 will be treated as valid, road transport, highways and. The motor vehicle act 1988 suggests various rules and regulation for the public and it has a huge importance in the traffic regulation, so that the system goes systematically and in a proper way. Full text containing the act, motor vehicles act, 1988, with all the sections, schedules, short title, enactment date, and footnotes. The practical lawyer compensation under section 163a of. Renewal of permits, driving licences and registration granted under the motor vehicles act, 1939.
The motor vehicles act, 1988 is an act of the parliament of india which regulates all aspects of road transport vehicles. This section imposes the law regarding the maximum speed at which a. The act amended sections 11 and 18 of the 1914 act. It received assent from the governor general of india on 2 september 1920. An analysis of law relating to accident claims in india. Dec 09, 20 claim under section 166 of the motor vehicles act, 1988 seeking compensation at. Vi special provisions relating to state transport undertakings i. Notwithstanding the repeal by subsection 1 of section 217 of the enactments referred to in that subsection, any certificate of fitness or registration or licence or permit issued or granted under the said enactments may be renewed under this act. Short title, extent and commencement 1 this act may be called the motor vehicles act, 1988. In the old days, many of the pedestrians who were knocked down by motor vehicles and who were killed or injured, did not get any compensation because the motorists did not have. If the license, insurance, puc, rc book is not there, the fine will be as per the new motor vehicles act. The practical lawyer compensation under section 163a of the. Driving without holding an effective driving licence s. Despite section 120 b, the driver of a vehicle referred to in that section must drive with.
The lacunae in the motor vehicles act, 1988, require to be addressed. The act came into force with effect from 1st july, 1989 replacing the motor vehicles act, 19398. Responsibility of owners of motor vehicles for contravention of sections 3 and 4. Motor vehicles act, 1988 bare acts law library advocatekhoj. The claimants are entitled to compensation the services of non earning motherhousewife cannot be compared with that of a house. If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward. In 1988 a new motor vehicle act have been introduced and in new motor vehicle acts chapter 10 provides for interim award. Detailed list of offences under the motor vehicles act, 1988. Act, 1988, central motor vehicles rules, 1989, west bengal motor vehicles rules, 1989 as per notification no. The relevance and implications of certificate of registration in. It provides detailed provision on licensing of the drivers and conductors, registration of motor vehicles, the provision on controlling their permits, traffic regulation, related insurance, liabilities, and penalties. The motor vehicles act, 1988 the act came into force from 1 july 1989. The bill seeks to amend the motor vehicles act, 1988 to provide for road safety.
An act further to amend the motor vehicles act, 1988. For triple riding, the fine will be rs 100 as against rs in the mv act. Jul 15, 2019 the motor vehicles amendment bill, 2019 was introduced in lok sabha on july 15, 2019 by the minister for road transport and highways, mr. The claimants are entitled to compensation the services of non earning motherhousewife cannot be compared with that of a house keeperservant. For the first time, rs 500 will be fined and second time penalty is rs. Centre asks states to enforce amended mv act citing attorney generals opinion 07 jan, 2020, 07. Age limit in connection with driving of motor vehicles. Realising this lacunae, parliament passed the motor vehicles amendment act, 1994 54 of 1994 inserting section 163a in the motor vehicles act, 1988 with effect from november 14, 1994. Violation of these rules of road regulation is a punishable transgression as. Xxvii of 1920 passed by the imperial legislative council.
In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title ix of public law 92318 20 u. The indian motor vehicles act, 1914 was amended by the indian motor vehicles amendment act, 1920 act no. Section153 saving in respect of sections 150, 151 and 152. Motor vehicles act 1988 complete act citation 548 bare. The electronic irish statute book eisb comprises the acts of the oireachtas parliament, statutory instruments, legislation directory, constitution and a limited number of pre1922 acts. Motor vehicles accident compensation under the mv act. The motor vehicles amendment bill, 2019 was introduced in lok sabha on july 15, 2019 by the minister for road transport and highways, mr. Jul 25, 2018 the above suggestions which were incorporated in the motor vehicles bill received the assent of the president on 14th october, 1988 and came on the statute book as motor vehicles act, 1988. Motor vehicles act, 1988, sections 3, 151 and 1492 central motor vehicles rules, 1989, rule 4 evidence act, 1872, sections 58 and 106 mact driving licence learners licence as on the date of accident on 5. Realising this lacunae, parliament passed the motor vehicles amendment act, 1994 54 of 1994 inserting section 163 a in the motor vehicles act, 1988 with effect from november 14, 1994. The section provides for compensation on a structuredformula basis as indicated in a tabular form in the second schedule forming part of the act.
It was in that year that the legislature amended the motor vehicles act, 1939 by inserting several new sections. If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and. The act provides for grant of licenses and permits related to motor vehicles, standards for motor vehicles. Compensatory and penal provisions under the motor vehicles act, 1988 the right to claim damages in case of death was recognized as early as in the year 1846 under the common law. Nov 09, 2014 an introduction to motor vehicles act, 1988 1. The erstwhile motor vehicles act, 1939 was repealed by. Where a person is convicted of an offence under clause c of subsection 1 of section 2, section 4 or section 185, the court convicting any person of any such offence shall order the disqualification under subsection 1, and if the offence is relatable to clause c of subsection 1 of section 2 or section 4, such disqualification shall be for a period of not less than one month, and if the offence is relatable to section 185, such disqualification shall be for a period of not. This court has consistently held that the mv act, 1988, is a complete code in itself insofar as motor vehicles are concerned, the bench said in a recent judgment. A learners licence issued under this act shall, subject to the other provisions of this act, be effective for a period of six months from the date of issue of the licence.
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